Page No.# 1/4 GAHC010159742025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1708/2025 SMTI BIRKHANGSRI DAIMARY ALIAS SMTI BHIRKANGRI DAIMARY D/O JISOI ALIAS GESSAI DAIMARY VILL- PAKRIBARI, PO. KAHWARNG PS AND DIST.- UDALGURI ASSAM -784509 VERSUS THE STATE OF ASSAM REP BY THE PP,ASSAM Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.08.2025 1. Heard Mr. SK Poddar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Smti Page No.# 2/4 Birkhangsri Daimary @ Smtri Bhirkangri Daimary, seeking anticipatory bail in connection with Kokrajhar P.S. Case No. 164/2025 under Sections 143/ 64(1) of BNS read with Sections 3/4/5 of the Immoral Traffic (Prevention) Act, 1956. 3. The gist of accusation in this case is that on 04.07.2025, one Kaushik Doley S.I. lodged an FIR before the O.C. Kokrajhar Police Station inter alia alleging that on receipt of a secret information from a reliable source the FIR named 2 accused persons including the present petitioner are found have running the beauty parlour namely, Relax Unisex Salon located at Kokrajhar and the present petitioner has been engaged in sexual exploitation. The allegation made in the FIR is that a raid was conducted in the said beauty parlour on 4.7.2025 during which four victim girls were recovered from the beauty parlour. 4. The learned counsel for the petitioner submits that the petitioner is no way involved in the alleged offence and the petitioner is working as manager in the aforementioned saloon. He submits that the police is searching the petitioner and the petitioner is ready to cooperate in the investigation and therefore, prays for allowing her to go on bail. 5. On the other hand, learned Additional Public Prosecutor has vehemently opposed to grant bail to the petitioner. He submits that there are incriminating materials available in the case diary and the statement of the victim girls was recorded under Section 180 of the BNSS who incriminated the petitioner in the offence alleged in the FIR. However, while deposing the statement before the Magistrate under Section 183 of the BNSS, the victim girls retracted from their earlier strand and have stated that they are engaged as beauticians at the beauty parlour and no incriminating statement is given against the present Page No.# 3/4 petitioner as alleged in the FIR. 6. I have considered the submissions made by the learned counsel for both the parties and I have gone through the materials available on record including the case diary of Kokrajhar P.S. Case No. 164/2025. On perusal of the case diary, it appears that the victim girls in their statement recorded under Section 183 of BNSS have not implicated the present petitioner in any manner, as alleged in the FIR. 7. In view of above aforesaid facts, this court is of the considered opinion that if the petitioner cooperates in the investigation, her custodial custodial may not be necessary for fair completion of the investigation of Kokrajhar P.S. Case No. 164/2025. Accordingly, in the event of arrest the petitioner named above is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the arresting authority with the following conditions:- (i) the petitioner shall appear before the Investigating Police Officer within 7(seven) days from the date of this order and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 8. With the above observations, this bail application is disposed of. Page No.# 4/4 9. Return the case diary. JUDGE Comparing Assistant